Tempering Justice With Mercy Criminal Policy In The Review Arrested

In October 2006, the central committee of the CCP sixth plenary of sixteen session by the central committee of the CCP about to construct a socialist harmonious society several major issue decision, meeting explicitly pointed out that, our country will execute "tempering criminal justice policy". This is the first time the ruling party explicitly will determine the "tempering justice with mercy" for our country's criminal basic operating policy. The criminal policy of tempering justice with mercy in the current our country to construct a socialist harmonious society under the background of proposed, the current is punish illegal and criminal crime prevention and the basic criminal justice system, its proposed historically inevitable, it's in our country has experienced anti-terrorism policy and pan-moral of wrong ideas after reflection. "Tempering justice with mercy" policy in our judicial practice long-term accumulation, is our party and government for many years in the prevention and control of crimes, but also the conclusions of the construction of socialist democracy and spiritual civilization of important choice, it has become our country current basic criminal policy. This policy has a strong guidance, this policy has emphasized, in judicial process will have wide have strict, Kenyan combination, this is to realize the aim of legislation and judicial value objective need, correct understanding of the basic policies of the connotation, in practice, reasonable use, for us to construct socialist harmonious society have strong guidance meaning and realistic significance.Review of arrest under the Code of Criminal Procedure implemented in accordance with legal procedures as a means of criminal investigation, is by law the exercise of the judicial organs of the specific, no other organs were not authorized by law shall not be exercised. Review of judicial oversight of mandatory arrest means to play on the investigating authorities in the investigation activities, enforcement measures in the exercise of the role of overall supervision, for the investigating authorities in the investigation of criminal activities, illegal use of coercive measures to give the correct behavior to ensure that legitimate criminal sanctions to protect the wrong arrest does not occur, and missed catching behavior, and ensure the comprehensiveness of criminal prosecution, to safeguard national interests and the interests of the people, safeguard the authority of the law. Arrest in the judicial review of the practice also has a role in crime prevention. The arrest is a restriction of personal freedom as a means of criminal enforcement measures and therefore all criminal coercive measures is the most severe. In dealing with criminal suspects can be severe blow to its and sanctions, to give criminal suspects to physical and psychological blow, it will not only show the law's deterrent power, and serve as a warning to the suspect's role, but also its repeated acts of a preventive role. In the community to review the arrest of its statutory and mandatory national warning members of society should be strictly in accordance with the provisions of the law regulate their own behavior, compliance with social order and social morals, prohibit the implementation of acts prohibited by law, or will be subject to strict legal sanctions. Therefore, an objective review of the arrest of members of society also plays a role in crime prevention. Therefore, for the illegal and criminal activities as a very strong deterrent of criminal tools, which protect the legitimate rights and interests of citizens, combat, deter crime and to prevent abuse of public power have important significance in maintaining the stability of the whole society, building a harmonious society has a very important role.JUSTICE policy context of building a harmonious society as the product of the current and future work of the judicial practice of playing the role of the right guide. In reviewing the arrest of the criminal aspects of implementing the policy of combining punishment with leniency in the fight against crime, the need to protect human rights, is to maintain social stability and building a harmonious society, but the policies gradually exposed the use of a number of deficiencies, it is difficult to temper justice with the requirements of the criminal policy is difficult to reflect the legal and social effects of unification. Therefore, China's social transition for the social security situation, we should seek truth from facts, advance with the times and innovate, the healthy development of China's economy and society to provide a reliable guarantee. The current emergency situation caused social instability, has caused the party and government attach great importance. According to the Sixteenth Party Central Committee adopted six "building a socialist harmonious society CPC Central Committee on Some Major Issues" and that the community while continuing to crack down on illegal and criminal acts; the other hand, the work of the review to be arrested insist on combining punishment with leniency in the criminal justice principles and policies. For further strengthen the policy of combining punishment with leniency in the review of criminal arrests in the use of criminal prevention and reduction of social behavior and building a socialist harmonious society has very important positive significance.